Texas 2009 - 81st Regular

Texas House Bill HB3627 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10593 GCB-D
2	2	By: Walle H.B. No. 3627
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain registration requirements imposed on certain
8	8	sex offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 62.051, Code of Criminal Procedure, is
11	11	amended by amending Subsections (c) and (f) and adding Subsection
12	12	(j) to read as follows:
13	13	(c) The registration form shall require:
14	14	(1) the person's full name, including each alias, the
15	15	person's date of birth, sex, race, height, weight, eye color, hair
16	16	color, social security number, driver's license number, and shoe
17	17	size, and the [home] address at which the person resides or intends
18	18	to reside or, if the person does not reside or intend to reside at a
19	19	physical address, a detailed description of the geographical
20	20	location at which the person resides or intends to reside;
21	21	(2) a recent color photograph or, if possible, an
22	22	electronic digital image of the person and a complete set of the
23	23	person's fingerprints;
24	24	(3) the type of offense the person was convicted of,
25	25	the age of the victim, the date of conviction, and the punishment
26	26	received;
27	27	(4) an indication as to whether the person is
28	28	discharged, paroled, or released on juvenile probation, community
29	29	supervision, or mandatory supervision;
30	30	(5) an indication of each license, as defined by
31	31	Article 62.005(g), that is held or sought by the person;
32	32	(6) an indication as to whether the person is or will
33	33	be employed, carrying on a vocation, or a student at a particular
34	34	public or private institution of higher education in this state or
35	35	another state, and the name and address of that institution; and
36	36	(7) any other information required by the department.
37	37	(f) Not later than the seventh day after the date on which
38	38	the person is released, a [A] person for whom registration is
39	39	completed under this chapter shall report to the applicable local
40	40	law enforcement authority to verify the information in the
41	41	registration form received by the authority under this chapter. The
42	42	authority shall require the person to produce proof of the person's
43	43	identity and residence before the authority gives the registration
44	44	form to the person for verification. If the information in the
45	45	registration form is complete and accurate, the person shall verify
46	46	registration by signing the form. If the information is not
47	47	complete or not accurate, the person shall make any necessary
48	48	additions or corrections before signing the form.
49	49	(j) If a person subject to registration under this chapter
50	50	is released from a penal institution without being released to
51	51	parole or placed on any other form of supervision and does not move
52	52	to the residence indicated on the registration form as the person's
53	53	intended residence, the person shall, not later than the seventh
54	54	day after the date on which the person is released:
55	55	(1) report in person or by telephone to the applicable
56	56	local law enforcement authority for the person's intended residence
57	57	and provide the authority with the address of the person's
58	58	temporary residence or, if applicable, a detailed description of
59	59	the geographical location of the person's temporary residence; and
60	60	(2) unless the person has otherwise complied with the
61	61	requirements of Article 62.055, continue to report, in the manner
62	62	required by Subdivision (1), to that authority not less than weekly
63	63	during any period in which the person has not moved to the intended
64	64	residence and provide the authority with the address of the
65	65	person's temporary residence or, if applicable, a detailed
66	66	description of the geographical location of the person's temporary
67	67	residence.
68	68	SECTION 2. Article 62.053(a), Code of Criminal Procedure,
69	69	is amended to read as follows:
70	70	(a) Before a person who will be subject to registration
71	71	under this chapter is due to be released from a penal institution,
72	72	the Texas Department of Criminal Justice or the Texas Youth
73	73	Commission shall determine the person's level of risk to the
74	74	community using the sex offender screening tool developed or
75	75	selected under Article 62.007 and assign to the person a numeric
76	76	risk level of one, two, or three. Before releasing the person, an
77	77	official of the penal institution shall:
78	78	(1) inform the person that:
79	79	(A) not later than the later of the seventh day
80	80	after the date on which the person is released or after the date on
81	81	which the person moves from a previous residence to a new residence
82	82	in this state or not later than [the later of] the first date the
83	83	applicable local law enforcement authority by policy allows the
84	84	person to register or verify registration, the person
85	85	must register or verify registration with the local law
86	86	enforcement authority in the municipality or county in which the
87	87	person intends to reside;
88	88	(B) not later than the seventh day after the date
89	89	on which the person is released or the date on which the person
90	90	moves from a previous residence to a new residence in this state,
91	91	the person must, if the person has not moved to an intended
92	92	residence, report to the applicable entities as required by Article
93	93	62.051(h) or (j) or 62.055(e) [juvenile probation officer,
94	94	community supervision and corrections department officer, or
95	95	parole officer supervising the person];
96	96	(C) not later than the seventh day before the
97	97	date on which the person moves to a new residence in this state or
98	98	another state, the person must report in person to the local law
99	99	enforcement authority designated as the person's primary
100	100	registration authority by the department and to the juvenile
101	101	probation officer, community supervision and corrections
102	102	department officer, or parole officer supervising the person;
103	103	(D) not later than the 10th day after the date on
104	104	which the person arrives in another state in which the person
105	105	intends to reside, the person must register with the law
106	106	enforcement agency that is identified by the department as the
107	107	agency designated by that state to receive registration
108	108	information, if the other state has a registration requirement for
109	109	sex offenders;
110	110	(E) not later than the 30th day after the date on
111	111	which the person is released, the person must apply to the
112	112	department in person for the issuance of an original or renewal
113	113	driver's license or personal identification certificate and a
114	114	failure to apply to the department as required by this paragraph
115	115	results in the automatic revocation of any driver's license or
116	116	personal identification certificate issued by the department to the
117	117	person; and
118	118	(F) the person must notify appropriate entities
119	119	of any change in status as described by Article 62.057;
120	120	(2) require the person to sign a written statement
121	121	that the person was informed of the person's duties as described by
122	122	Subdivision (1) or Subsection (g) or, if the person refuses to sign
123	123	the statement, certify that the person was so informed;
124	124	(3) obtain the address or, if applicable, a detailed
125	125	description of the geographical location where the person expects
126	126	to reside on the person's release and other registration
127	127	information, including a photograph and complete set of
128	128	fingerprints; and
129	129	(4) complete the registration form for the person.
130	130	SECTION 3. The heading to Article 62.055, Code of Criminal
131	131	Procedure, is amended to read as follows:
132	132	Art. 62.055. CHANGE OF ADDRESS; LACK OF ADDRESS.
133	133	SECTION 4. Article 62.055, Code of Criminal Procedure, is
134	134	amended by adding Subsection (i) to read as follows:
135	135	(i) If a person required to register under this chapter
136	136	establishes residency at a location to which a physical address has
137	137	not been assigned by a governmental entity, the person, not less
138	138	than once in each seven-day period, shall confirm the person's
139	139	residency by:
140	140	(1) reporting to the local law enforcement authority
141	141	in the municipality where the person resides or, if the person does
142	142	not reside in a municipality, the local law enforcement authority
143	143	in the county in which the person resides; and
144	144	(2) providing a detailed description of the
145	145	geographical location of the residence.
146	146	SECTION 5. The changes in law made by this Act in amending
147	147	Chapter 62, Code of Criminal Procedure, apply to any person who, on
148	148	or after the effective date of this Act, is required to register
149	149	under that chapter, regardless of whether the offense or conduct
150	150	for which the person is required to register occurs before, on, or
151	151	after the effective date of this Act.
152	152	SECTION 6. This Act takes effect September 1, 2009.